Injunctive Relief, Damages Sought

The NAFI Wars live on... Following what we're told were "numerous failed attempts to compel the National Association of Flight Instructors (NAFI) to cease its unauthorized use of intellectual property associated with the Master Instructor Program," Sandy and JoAnn Hill, program creators and founders of Master Instructors LLC, have filed a copyright infringement and unfair competition complaint against NAFI.

Six-time Master Instructor and spin training expert, Rich Stowell, is also named as a Plaintiff in the suit against NAFI. Stowell created the Aerobatic Instructor Designation Program, a derivative work of the Hills' program that includes the Master Instructor-Aerobatic module.

Rich Stowell

Documents were filed in the United States District Court for the Central District of California on September 21, 2009. Adam Thurston, a founding partner of the Los Angeles, California law firm of Eisenberg Raizman Thurston & Wong LLP (ERTW), stated, "It is unfortunate that NAFI has forced the Hills to resort to the courts to protect their intellectual property rights from infringement. The lawsuit seeks preliminary and permanent injunctive relief as well as damages arising from NAFI's copying and unauthorized use of the Master Instructor and Aerobatic Instructor program materials authored by the Hills and Mr. Stowell, as well as the trademarks associated with these programs."

JoAnn and Sandy Hill

Thurston, who is also a long time skydiver and pilot, continued, "It is not just about economics for the Hills, it is a matter of principle and justice. NAFI is clearly copying their materials without permission or attribution. What's worse, the Hills have each supported NAFI for more than a quarter century as members and as volunteer board members. The Hills allowed NAFI to use their Master Instructor program royalty-free. Now, after years of dedication and service to NAFI, the only thanks they get is NAFI trampling on their intellectual property rights. Its just intolerable in my view."
 
NAFI's royalty-free, non-exclusive license to provide the Master Instructor Program to its members was terminated earlier this year. A statement released by Sandy and JoAnn Hill explained:
 
"It became abundantly clear to us in January that NAFI leadership had no intention of acting in the best interests of its membership and the Master Instructor Program. Consequently, we decided to sever our ties with that organization and thus enhance our autonomy and independence to ensure the continued development and integrity of the Master Instructor Program. Master Instructors LLC continues to work tirelessly to build on what has become the preeminent credentialing program for aviation educators.
 
Over the last twelve years, for example, we have reviewed 1,350 Master Instructor portfolios submitted by 727 aviation educators worldwide. NAFI's continued unauthorized use, however, has caused many to question the program's credibility, integrity, and viability. Our personal integrity and the integrity of the program itself are on the line every time we process a Master portfolio. This unwavering commitment to maintaining high standards has engendered significant trust by industry and the FAA. We have a moral duty to guard that trust passionately; thus, we have been compelled to initiate legal action against NAFI."
 
"This is all about the instructors," said the Hills, long-time flight instructors themselves and retired public school teachers. The untenable situation created by NAFI leadership has unjustifiably burdened the Hills. "It feels like David against Goliath," they said. Nevertheless, the Hills are not alone in this battle. Many ardent supporters of their program have collectively contributed multiple thousands of dollars to advance the legal defense of their intellectual property rights. "The overwhelming financial and emotional support we've received so far from hundreds of Master Instructors and others is evidence that we are indeed acting in their best interests. NAFI's conduct in this matter has struck a nerve in the flight training community."

The parties involved in this litigation note that, "Aviation education, aviation safety, and the integrity of the Master Instructor Program will benefit from a successful defense of the Hills' intellectual property rights." 

FMI: www.masterinstructors.org, www.ertwllp.com